建管任務民營化與國家管制──以增訂第三方公正勘驗機制之法制探討為中心

Privatization of Building Safety Control and Enabling State—Focus on the Third Impartial Inquisition System

Because of the collapse of Wei Guan Jinlong building caused 115 deaths by earthquake on February sixth 2016, Ministry of the Interior tends to revise the Building Act to update a third impartial unit to be in charge of the supervision. However, whether the third impartial unit can rectify the security problems in the building process remains a question. This paper argues that the state has not only to enable the acute scrutiny done by the third impartial party from the executive aspect, but also has to set up building resumes and public participation of interested parties from the building procedural aspect. This article starts from the due process inferred from the protective function of fundamental rights, and compares to the laws engaged in food resumes of food safety control and third party certification, then presents the private due process legal system to construct the primary direction for jurisprudence and legal system of building safety control based on enabling state theory, after the third impartial inquisition system being built.